BOOK II - EMPLOYMENT OF APPRENTICE, LEARNERS AND HANDICAPPED WORKERS 4.01 POLICY OBJECTIVES Sec.

2, RA 7796 Declaration of Policy It is hereby declared the policy of the State to provide relevant, accessible, high quality and efficient technical education and skills development in support of the development of high quality Filipino middle-level manpower responsive to and in accordance with Philippine development goals and priorities. The state shall encourage active participation of various concerned sectors, particularly private enterprises, being direct participants in an immediate beneficiaries of a trained and skilled workforce, in providing technical education and skills development opportunities. Sec. 3, RA 7796 Statement of Goals and Objectives It is the goal and objective of this Act to: a. Promote and strengthen the quality of technical education and skills development programs to attain international competitiveness b. Focus technical education and skills development or meeting the changing demands for quality middle-level manpower c. Encourage critical and creative thinking by disseminating the scientific and technical knowledge base of middle-level manpower development programs d. Recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems; e. Inculcate desirable values through the development of moral character with emphasis on work ethic, self-discipline, self reliance, and nationalism. A. APPRENTICE 4.02 APPRENTICE DEFINED Sec. 4 (j) (RA 7796) Apprenticeship training within employment with compulsory related theoretical instructions involving a contract between an apprentice and an employer during an established period assured by an apprenticeable occupation. APPRENTICEABLE OCCUPATION Sec. 4 (m) (RA7796) Apprenticeable Occupation: is an occupation officially endorsed by a tripartite body and approved for apprenticeship by the Authority

QUALIFICATION Sec. 12 (RA 7610, as amended by RA 7658) Employment of Children Children below fifteen (15) years of age shall not be employed except:

1. When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employers family are employed: Provided, however, That his employment neither endangers his life, safety, health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or 2. When a childs employment or participation in public and entertainment or information through cinema, theater, radio or television is essential: Provided, the employment contract is concluded by the childs parents or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: and Provided, That the following requirements in all instances are strictly complied with: a. The employer shall ensure the protection, health, safety and morals of the child b. The employer shall institute measures to prevent the childs exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time c. The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child. In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. ALLOWED EMPLOYMENT Program Approval Nitto Enterprises v. NLRC (95) Contents of apprenticeship agreement. Apprenticeship agreements, including the main rates of apprentices, shall conform to the rules issued by the Minister of Labor and Employment. The period of apprenticeship shall not exceed six months. Apprenticeship agreements providing for wage rates below the legal minimum wage, which in no case shall start below 75% per cent of the applicable minimum wage, may be entered into only in accordance with apprenticeship program duly approved by the Minister of Labor and Employment. The Ministry shall develop standard model programs of apprenticeship. TERMS
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Art. 61 Contents of apprenticeship agreement. Apprenticeship agreements, including the main rates of apprentices, shall conform to the rules issued by the Minister of Labor and Employment. The period of apprenticeship shall not exceed six months. Apprenticeship agreements providing for wage rates below the legal minimum wage, which in no case shall start below 75% per cent of the applicable minimum wage, may be entered into only in accordance with apprenticeship program duly approved by the Minister of Labor and Employment. The Ministry shall develop standard model programs of apprenticeship. Art. 72 Apprentices without compensation

The Secretary of Labor may authorize the hiring of apprentices without compensation whose training on the job is required by the school or training program curriculum or as a requisite for graduation or board examination. COSTS Art. 71 Deductibility of training costs - An additional deduction from taxable income of onehalf of the value of labor training expenses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organizing an apprenticeship program provided such program is duly recognized by the Department of Labor and Employment; provided further that such deduction shall not exceed 10 percent of direct labor wage; and provided finally that the person or enterprise who wish to avail of this incentive should pay his apprentices the minimum wages. ENFORCEMENT Art. 65 Investigation of violation of apprenticeship agreement Upon complaint of any interested person or upon its own initiative, the appropriate agency of the Department of Labor and Employment or its authorized representative shall investigate any violation of any apprenticeship agreement Art. 66 Appeal to the Secretary of Labor and Employment The decision of the authorized agency of the Department by any aggrieved person to the Secretary of Labor and Employment within five days from receipt of the decision. The decision of the Secretary shall be final and executory. Art. 67 Exhaustion of administrative remedies before instituting any action for the enforcement of any apprenticeship agreement, or damages for breach of any such agreement B. Learners 4.05 LEARNERS DEFINED Sec. 4 (n), RA 7796 Learners refer to persons hired as trainees in semi-skilled and other industrial occupation which are non-apprenticeable. Learnership programs must be approved by the Authority. ALLOWED EMPLOYMENT Art. 74

When Learners may be hired Learners may be employed when no experienced workers are available the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower working standards. TERMS
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Art. 75 Learnership agreement Any employer desiring to employer learners shall enter into a learnership agreement with them, which agreement shall include: a. The NAMES and addresses of the learners; b. The DURATION of the learnership period, which shall not exceed three months; c. The WAGES or salary rates of the learners which shall begin at not less than 75 percent of the applicable minimum wage; and d. A COMMITMENT to employ the learners, if they so desire, as regular employees upon completion of the learnership. All learners who have been allowed or suffered to work during the first two months shall be deemed regular employees if training is terminated by the employer before the end of the stipulated period through no fault of the learner. The learnership agreement shall be subject to inspection by the Secretary or his duly authorized representatives. Art. 76 Learners in piecework Learners employed in piece or incentive rate jobs during the training period shall be paid in full for the work done. C. Handicapped Workers 4.06 HANDICAPPED WORKER Law : RA 7277 POLICY Declaration of Policy The grant of the rights and privileges for disabled persons shall be guided by the following principles: (2) a. Disabled persons are part of Philippine society, thus the State shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society. Toward this end, the State shall adopt policies ensuring the rehabilitation, self-development and self-reliance of disabled persons. It shall develop their skills and potentials to enable them to compete favorably for available opportunities. b. Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. This must be the concern of everyone the family, community and all government and non-government organizations. Disabled persons rights must never be perceived as welfare services by the Government. c. The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capacity to attain a more meaningful, productive and satisfying life. To reach out to greater number of disabled Magna Carta for Disabled Persons

persons, the rehabilitation services and benefits shall be expected beyond the traditional urban-based centers to community based programs, that will ensure full participation of different sectors as supported by national and local government agencies. d. The State also recognizes the role of the private sector in promoting the welfare of disabled persons and shall encourage partnership in programs that address their needs and concerns. e. To facilitate integration of disabled persons into the mainstream of society, the State shall advocate for and encourage respect for disabled persons. The State shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to disabled persons. COVERAGE shall cover all disabled persons and, to the extent herein provided, departments, officers and agencies of the National Government or non-government organizations involved in the attainment of the objectives of this Act. (3) DEFINED

Disabled Persons - those suffering from restriction or different abilities, as a

result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being [4(a)] Impairment - any loss, dimunition or aberration of psychological, physiological, or anatomical structure or function [4(b)] Disability - shall mean a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; a record of such an impairment; or being regarded as having such an impairment [4(c)] Handicap - refers to a disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the individual [4(d)]
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Equal Opportunity for Employment (5) No disable person shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person Five percent (5%) of all casual, emergency and contractual positions in the Departments of Social Welfare and Development; health, Education, Culture and Sports; and other government agencies, offices or corporations engaged in social development shall be reserved for disabled persons. Sheltered Employment (6)

If suitable employment for disabled persons cannot be found through open employment as provided in the immediately preceding Section, the State shall endeavor to provide it by means of sheltered employment. In the placement of disabled persons in sheltered employment, it shall accord due regard to the individual qualities, vocational goals and inclinations to ensure a good working atmosphere and efficient production. Apprenticeship (7) Subject to the provisions of the Labor Code as amended, disabled persons shall be eligible as apprentices or learners: Provided, that their handicap s not as much as to effectively impede the performance of job operations in the particular occupation for which they are hired; provided, further, That after the lapse of the period of apprenticeship, if found satisfactory in the job performance, they shall be eligible for employment. Incentives for Employers (8) a. To encourage the active participation of the private sector in promoting the welfare of disabled persons and to ensure gainful employment for qualified disabled persons, adequate incentives shall be provided to private entities which employ disabled persons. b. Private entities that employ disabled persons who meet the required skills or qualifications, either ad regular employee, apprentice or learner, shall be entitled to an additional deduction, from their gross income, equivalent to 25% of the total amount paid as salaries and wages to disabled persons: Provided, however, That such entities present proof as certified by the Department of Labor and Employment and the Department f Health as to his disability, skills, and qualifications. c. Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable income, equivalent to 50% of the direct costs of the improvements or modifications. This Section, however, does not apply to improvements or modifications or facilities required under Batas Pambansa Bilang 344. REGULAR WORKERS Bernardo v. NLRC (99) In this light, the Magna Carta for Disabled Persons mandates that a qualified disabled employee should be given the same terms and conditions of employment as a qualified able-bodied person. Section 5 of the Magna Carta provides: Sec. 5. Equal Opportunity for Employment. No disabled person shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able bodied person. The fact that the employees were qualified disabled persons necessarily removes the employment contracts from the ambit of Article 80. Since the Magna Carta

accords them the rights of qualified able-bodied persons, they are thus covered by Article 280 of the Labor Code. XXX The noble objectives of Magna Carta for Disabled Persons are not based merely on charity or accommodation, but on justice and the equal treatment of qualified persons, disabled or not. In the present case, the handicap of petitioners (deaf-mutes) is not a hindrance to their work. The eloquent proof of this statement is the repeated renewal of their employment contracts. Why then should they be dismissed, simply because they are physically impaired? The Court believes, that, after showing their fitness for the work assigned to them, they should be treated and granted the same rights like any other regular employees.